Educational Outreach Presentations

The purpose of this presentation is to acquaint members of the alternative lifestyle communities with issues that may arise from the nature of their relationships both during life as well as in the event of death or disability. Many of us are involved in dedicated relationships outside of the traditional man-woman 2.3 kids marriage. We acquire property together – we incur liabilities together, and we often fail to acknowledge that sooner or later, be it by going our separate ways, or death or disability, each and every one of these relationships will end. The purpose of this presentation is to address some of the issues and problems that we might encounter, and help prepare for them. PDF Coming Soon

The following is a handout prepared by The National Coalition for Sexual Freedom aimed at educating law enforcement on the realities of SM. The purpose of this handout is to provide law enforcement with a basic level of understanding about adults whose sexuality and lovemaking includes consensual sadomasochistic (SM) activities, and to provide information to assist you when you encounter an SM event. Download the PDF

The purpose of this material is to assist SM/Leather/Fetish groups who are considering hosting an alternative lifestyle event. The goal in presenting this material is to assist in developing a positive relationship with local hospitality venues. Download the pdf

Choosing a lawyer can be difficult, especially if you have to do it at the time you are arrested. If at all possible, establishing a working relationship with an attorney whom you trust before the need for an attorney arises, is obviously the most desired and beneficial route. The lawyer you decide to retain should be compatible with your personality and manner of handling pressure. Find someone you can talk with and trust. Schedule a preliminary interview and have several questions prepared. (See sample questions below) Choosing a lawyer simply because he or she understands or is sympathetic to alternative sexual expression may lead to later dissatisfaction. Lawyers should be selected for their expertise and experience in specific categories of cases. You can always contact the NCSF, and if we know of lawyers in your area, we will refer you to them. There is also a website that lists, by state, kink friendly lawyers, and other professionals. The website may be accessed through the following link www.ncsfreedom.org/kap. PDF Coming Soon

Police Interactions ? What to do when you deal with police Your basic legal rights and responsibilities may not always be clearly defined by law enforcement officials. If stopped or detained, politely ask the police officer “why” in a manner that is not confrontational. Remember, your priority should be to alleviate or minimize the potential charges and/or use of excessive force against you. In some states, there are no clear statutes or laws which delineate the use of deadly force by law enforcement officials. In theses instances, the courts will decide, on a case-by-case basis, what is considered deadly or excessive force. Download the pdf

Juvenile/CPS/Child Services for BDSM Parents The concerns that result from contact with local and state child welfare authorities are occasionally troublesome for members of the SM/leather/fetish/poly communities. It is often difficult to accept the necessity of interacting with child/protective services and child/family services workers. Such persons are often empowered to make independent judgments that have a direct impact on family relations and personal freedom. This presentation provides a structure for acting in accordance with the best interests of your children and with due regard for your civil rights and the rights of others. Download the pdf.

Child Custody & Divorce: Considerations for Alternative Lifestyles The problems that arise in child custody disputes between spouses and partners create special concerns for members of the SM/leather/fetish/poly communities. In addition to the general tribulations that arise with privacy and personal security, these issues also require difficult decisions at a time of great stress. These choices often require making priority assessments between personal and family considerations. This presentation provides a framework for evaluating choices and seeking advice and counsel. Download the pdf

Doing SM Related Legal Research The law is interpreted – sometimes to our favor, and sometimes not. For example, while the NCSF firmly believes that consensual SM activity between adults is legal, there are those that have a differing opinion and will intentionally interpret the law in an unfavorable way. Therefore, it is extremely important for the SM- Leather-Fetish communities to have an understanding of the laws that may affect us. Knowing relevant laws will greatly assist our communities in safely organizing and maintaining SM-Leather-Fetish activities and functions. There are numerous laws, ordinances, and regulations at all levels of government - federal, state, regional, county and city. It's not easy to locate all of the laws that may affect us, but it's very important. You should make every attempt to thoroughly research your laws if your activities may come under the scrutiny of law enforcement or local authorities. In addition, NCSF recommends that thorough legal research should include consultation with a knowledgeable attorney, state Attorney General, local prosecutor, or other legal authority, familiar with the current interpretation of the law for the jurisdiction in question. Obviously, it is impossible to provide a comprehensive list of every law and its interpretation for every jurisdiction, so this material is designed to give the reader a basic understanding of legal research and the tools to get started. Download the pdf

Protecting Your Event There are many considerations organizers must contend with when planning a large event. Large events include educational and social conferences, leather contests, weekend play parties, vendor markets, swing events and club run0s. In light of recent attacks by religious and political extremists, here are some suggested guidelines for protecting your event and attendees.

Protecting Yourself Legally Members of the SM/leather/fetish communities have always had some level of concern regarding the issues of privacy, discretion, and personal security. The Radical Right, employers, ex-partners, and others may pose threats to these concepts. Many times their motivation comes from ignorance, but new motivations like custody of children, and revenge are also becoming commonplace. This presentation provides tips for protecting yourself legally for various circumstances. Download the pdf.

Traveling With Toys While there have always been security issues involved in travel, the current political climate, as well as new legislation, has changed the procedures used to achieve security, as well as changing the allowable items to be carried with the traveler. Security measures have been heightened as never before - to the point of creating a legal risk to individuals who practice alternative sexual expression for traveling with items that are commonplace for us. This presentation will address these issues and provide tips for traveling with toys. Download the pdf

Swing Groups & Law Enforcement: Group Issues It is important for swing groups and businesses to have an understanding of the relationship between the swing community and law enforcement, as well as the numerous legalities that can effect group functions. Once this is accomplished, your group can dispel myths, educate members, and constructively interact with law enforcement as the need arises. This presentation will focus on three aspects: interacting with local law enforcement, avoiding legal trouble, and group considerations.

Approaching Your Local Authorities The purpose of this presentation is to educate law enforcement, prosecutors, or other authorities about SM-Leather- Fetish and/or swing practices on behalf of a local group(s). NCSF's goal in presenting this material is to help local group(s) to develop a positive relationship with their local authorities. The contents and delivery method of the outreach presentation are designed on a case-by-case basis. We suggest that local groups work together when presenting info to local officials. PDF Coming Soon

Zoning for SM & Swing Groups and Businesses Zoning and permit issues are commonly used as a tool of local governments when seeking a method to attack SM groups and businesses. Typical "crimes" such as indecent exposure, lewd conduct, and the like are subject to interpretation by the police, prosecutor, and courts. Successful prosecution is certainly possible but not guaranteed. Zoning and permit violations tend to be very cut and dry comparatively. For this reason, administrative issues are frequently used as tools to either move or shut down SM activities. It is important for our community to have an understanding of these administrative rules in order to safely organize and maintain SM activities and functions. Zoning and permits vary greatly from jurisdiction to jurisdiction. This discussion will attempt address these issues in a general, overview fashion. The attendees will benefit from the experiences of the panelists who have all dealt with legal and/or scene?related administrative issues. There are numerous licensing, zoning, and permit requirements at all levels of government ? federal, state, regional, county and city. It's not easy to determine what licenses and permits you'll need, but it's very important. You should thoroughly research this issue if your SM organization or business may come under the scrutiny of law enforcement or local authorities. If you ignore these issues, you may face expenses and hassles you hadn't anticipated, and certainly don't desire. Administrative (zoning, permit, and license) requirements can affect where you locate your organization or business, limit or require some remodeling, whether or not you'll have to provide off? street parking, whether you can serve alcohol, whether you can charge admission at the door, etc. If requirements are too restrictive you might decide to avoid the hassle and move to another jurisdiction ? if you find one that has fewer restrictions. Each jurisdiction has its own system of licensing, zoning, and permits. Obviously, it's impossible to provide a comprehensive list of every permit and license in every jurisdiction, so we must address items in general. PDF coming soon

The Alleged Domestic Violence Call It is important for SM/leather/fetish persons to have an understanding of the relationship between the SM community and law enforcement and of the numerous legal issues that can effect us ? specifically the law enforcement response to an alleged domestic violence call. Once this is accomplished, we can constructively interact with law enforcement if the need arises. This presentation will focus on two aspects of this relationship ? constructively dealing with officers and avoiding legal trouble. This workshop does not go in depth about the "cycle of abuse" or "real/actual" domestic violence, rather it is about consensual SM being misinterpreted as domestic violence by law enforcement. The discussion is designed to include the following sub?topics: Our attitudes towards law enforcement The attitudes of law enforcement toward the SM community and SM activities Reasons for law enforcement to take action against a SM activities Effective interaction with law enforcement Society's domestic violence concern The alleged domestic call Things SM persons should do Things SM persons could do The law is a complex and ever?evolving system and has a long way to go before it takes all alternative lifestyles into consideration. In the meantime, we need to be as familiar with the law and of law enforcement as we can be. Utilizing our knowledge, people skills, and common sense, we can hopefully avoid becoming victimized by the society we live in. PDF Coming Soon

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SM Related Legal Research Resources

It is extremely important for members of NCSF constituent communities to understand the laws that may affect us. Overview The law is interpreted – sometimes to our favor, and sometimes not. For example, while the NCSF firmly believes that consensual SM activity between adults is legal, there are those that have a differing opinion and will intentionally interpret the law in an unfavorable way. Therefore, it is extremely important for the SM-Leather-Fetish communities to have an understanding of the laws that may affect us. Knowing relevant laws will greatly assist our communities in safely organizing and maintaining SM-Leather-Fetish activities and functions. There are numerous laws, ordinances, and regulations at all levels of government - federal, state, regional, county and city. It's not easy to locate all of the laws that may affect us, but it's very important. You should make every attempt to thoroughly research your laws if your activities may come under the scrutiny of law enforcement or local authorities. In addition, NCSF recommends that thorough legal research should include consultation with a knowledgeable…

Jovanovic Case (Consent)

Affidavit of Susan Wright in Response to Affirmation in Opposition to Motion to File a Memorandum of Law Amicus Curiae N.Y. Co. Ind. No 10938/96 Cal. No. 98-10474 1. I, Susan Wright, am the Executive Director of the National Coalition for Sexual Freedom (NCSF) . 2. I write this affidavit in response to the DA's Brief in Opposition to the NCSF request to file an Amicus Curia…

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: FIRST DEPARTMENT -----------------------------------------------------------------------X THE PEOPLE OF THE STATE OF NEW YORK, Indictment No. Plaintiff-Respondent, 10938/96 -against- OLIVER JOVANOVIC, Defendant-Appellant. -----------------------------------------------------------------------X AFFIRMATION OF MICHAEL THOMAS FOIS IN RESPONSE TO OPPOSITION OF THE DISTRICT ATTORNEY TO MOTION TO FILE A MEMORANDUM OF LAW AMICUS CURIA Michael Thomas Fois, an attorney admitted to practice in front of this Court, affirms and…

AFFIRMATION IN OPPOSITION TO MOTION TO FILE A -against- MEMORANDUM OF LAW AMICUS CURIAE SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: FIRST DEPARTMENT ------------------------------------------------------ THE PEOPLE OF THE STATE OF NEW YORK Respondent, AFFIRMATION IN OPPOSITION TO MOTION TO FILE A -against- MEMORANDUM OF LAW AMICUS CURIAE OLIVER JOVANOVIC, N.Y. Co. Ind. No. 10938/96 Defendant-Appellant. Cal. No. 98-10474 ------------------------------------------------------ MARK DWYER, an attorney duly…

MEMORANDUM OF LAW OF AMICUS CURIAE NATIONAL COALITION FOR SEXUAL FREEDOM SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: FIRST DEPARTMENT ------------------------------------------------------------------------------------------------XTHE PEOPLE OF THE STATE OF NEW YORK, Indictment No. Plaintiff-Respondent, 10938/96-against- OLIVER JOVANOVIC, Defendant-Appellant.------------------------------------------------------------------------------------------------X MEMORANDUM OF LAW OF AMICUS CURIAE NATIONAL COALITION FOR SEXUAL FREEDOM PRELIMINARY STATEMENT This brief is filed by the National Coalition for Sexual Freedom ("NCSF") as amicus curiae. Defendant Oliver Jovanovic…

AFFIRMATION OF MICHAEL THOMAS FOIS SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: FIRST DEPARTMENT ----------------------------------------------------------------------- x THE PEOPLE OF THE STATE OF NEW YORK, Indictment No. Plaintiff-Respondent, 10938/96 -against- OLIVER JOVANOVIC, Defendant-Appellant. ----------------------------------------------------------------------- x AFFIRMATION OF MICHAEL THOMAS FOIS Michael Thomas Fois, an attorney admitted to practice in front of this Court, affirms and states under penalty of perjury,…

NOTICE OF MOTION REQUESTING LEAVE TO FILE MEMORANDUM OF LAW AS AMICUS CURIAE SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: FIRST DEPARTMENT -----------------------------------------------------------------------X THE PEOPLE OF THE STATE OF NEW YORK, Indictment No. Plaintiff-Respondent, 10938/ -against- OLIVER JOVANOVIC, Defendant-Appellant. -----------------------------------------------------------------------X NOTICE OF MOTION REQUESTING LEAVE TO FILE MEMORANDUM OF LAW AS AMICUS CURIAE Please take notice that, Upon the annexed Affirmation of Michael…

Barbara Nitke Case (CDA)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------X BARBARA NITKE, THE NATIONAL COALITION FOR SEXUAL FREEDOM, and THE NATIONAL COALITION FOR SEXUAL FREEDOM FOUNDATION, Plaintiffs, -against- JOHN ASHCROFT, ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, and THE UNITED STATES OF AMERICA; Defendants. 01 Civ. 11476 (RMB) PLAINTIFFS' RESPONSES AND OBJECTIONS TO DEFENDANTS' FIRST SET OF INTERROGATORIES AND REQUEST FOR DOCUMENTS -------------------------------------------------------------------X Plaintiffs Barbara Nitke ("Nitke") and…

The Supreme Court refused to hear an appeal yesterday from a New York photographer who said that a federal decency law violated her First Amendment rights to post explicit pictures of sadomasochism and bondage on the Web, The Associated Press reported. The justices affirmed a decision by a special three-judge federal panel upholding the Communications Decency Act of 1996, which made it a crime to post obscene materials on the…

WASHINGTON, DC - The Supreme Court today denied an appeal by photographer Barbara Nitke and the National Coalition for Sexual Freedom (NCSF) in the case of Nitke v. Gonzalez. The appeal challenged the constitutionality of the Communications Decency Act on the grounds that the obscenity provision of the CDA is overbroad. Last year, a three-judge panel in New York's Southern District had dismissed Nitke's lawsuit, ruling that there was "insufficient…

March 20,2006 | WASHINGTON -- The Supreme Court turned back an appeal on Monday from a photographer who claimed a federal decency law violated her free-speech rights to post pictures of sadomasochistic sexual behavior on the Web. Justices affirmed a decision last year by a special three-judge federal panel upholding the 1996 law which makes it a crime to send obscenity over the Internet to children. The court could have…

March 3, 2006 - In documents filed with the U.S. Supreme Court, the U.S. Justice Department did not contest NCSF's assertion that NCSF's Communications Decency Act challenge is properly before the Supreme Court on direct appeal. That is a big step forward because that means both sides agree that the Supreme Court should rule on the merits of NCSF and Barbara Nitke's case, and not on any procedural grounds. The…

July 26, 2005 - New York, NY - A three judge panel has made a decision in the National Coalition for Sexual Freedom and acclaimed photographer Barbara Nitke's challenge against the Communications Decency Act (CDA) which criminalizes free speech on the Internet. According to the court, the plaintiffs presented "insufficient evidence" to support findings that the variation in community standards is substantial enough that protected speech is inhibited by the…

New York, December 18, 2003 - The National Coalition for Sexual Freedom has submitted expert witness reports for their landmark Communications Decency Act lawsuit, Nitke v. Ashcroft (Case No. 01 Civ. 11476). John Wirenius, attorney for plaintiffs NCSF and photographer Barbara Nitke, provided 31 expert witness reports and witnesses who will testify before the three-judge panel for the Southern District of New York. The expert witness reports support the…

Argued: March 31, 1998 Decided: June 25, 1998 Issue: Freedom of Speech -- Whether a law requiring the National Endowment for the Arts to consider "general standards of decency and respect for the diverse beliefs and values of the American public" before awarding grants to artistic projects is impermissibly viewpoint-based and unconstitutionally vague. Vote: 8-1; No, the law does not violate the First Amendment. Facts: In 1990, Congress amended…

CDA Media Reports

Net Obscenity Provisions Revocation Sought NEWSBYTES By David McGuire http://www.NEWSBYTES.com December 19, 2001, Washington, DC -- A small civil liberties group has asked a federal judge in New York to revoke what remains of an Internet pornography law that was gutted by the U.S. Supreme Court in 1997. In a complaint filed in a New York City Federal Court [http://www.USCourts.gov ] last week, the National Coalition for Sexual Freedom [https://ncsfreedom.org…

Techsploitation By Annalee Newitz San Francisco Bay Guardian, January 14, 2002 HERE'S YET ANOTHER wacky fact you probably didn't know about the Communications Decency Act ole Bill Clinton signed into law way back in 1996: the good citizens of some small town in Arizona or southern California might have the power to send you to jail if they think the contents of your Web site are "obscene." The CDA…

Communications Decency Act A Lingering Coup de Grace? By Tim Kingston January 23, 2002 You may dimly recall the Communications Decency Act of 1996, which unsuccessfully attempted to define and proscribe "indecency" on the Internet. That law's legal core--its indecency provision--was immediately challenged and rapidly struck down as unconstitutional by free- and electronic-speech advocates. But, what many may not know is that another portion of the law, prohibiting…

Can David Beat Goliath in the Battle of Obscenity? Part 2 By Judd Handler Ynot News, January 2, 2002 Last week's editorial featured an interview with John Wirenius, lead counsel for the National Coalition for Sexual Freedom and Barbara Nitke, an adult content photographer. Wirenius, on behalf of the NCSF and Nitke, filed a lawsuit on December 11 against Attorney General John Ashcroft seeking to overturn Internet…

Can David Beat Goliath in the Battle of Obscenity? By Judd Handler Ynot News, December 20, 2001 One would think it would take the giants of the industry to force the government to rethink existing, not-applicable-to-the-Internet obscenity laws. On the contrary, the little players may be the ones who are successful in getting the federal government and the Supreme Court to throw out irrelevant local community standards when…

New Suit Targets Obscenity Law By Julia Scheeres Wired, December 12, 2001 A national organization that promotes sexual tolerance and an artist who photographs pictures of couples engaged in sadomasochism filed a lawsuit Tuesday seeking to overturn Internet obscenity laws. The National Coalition for Sexual Freedom and photographer Barbara Nitke argue that the obscenity provision of the Communications Decency Act (CDA) is so broad that it violates free speech.…

STANDING UP TO BE COUNTED: BARBARA NITKE CHALLENGES JOHN ASHCROFT ON S/M AND INTERNET OBSCENITY By David Steinberg Spectator Magazine, January 11, 2002 "No matter how we're wired to express love, freedom is having the courage to be who we are." - Photographer/plaintiff Barbara Nitke On December 11, Barbara Nitke and the National Coalition for Sexual Freedom brought suit in New York City's Federal District Court, seeking to have the…

What's Obscene in Podunk By John Strausbaugh New York Press, August 28, 2002 Barbara Nitke is a well-known and much-seen photographer in her field. She's president of the New York Camera Club and teaches a course in darkroom technique at SVA. A nice, neat, sweet individual, she's the very very last person in New York City you'd suspect of being a pornographer. Which she's not, not exactly. She's more…

New York judges refuse to say Internet obscenity law is unconstitutional By LARRY NEUMEISTER Associated Press Writer, July 25, 2005, 7:58 PM EDT NEW YORK -- A special three-judge federal panel on Monday refused to find unconstitutional a law making it a crime to send obscenity over the Internet to children. The Communications Decency Act of 1996 had been challenged by Barbara Nitke, a photographer who specializes in pictures of…

Fotog vs. Feds in Obscenity Law: Files suit to keep photos on Web by Veronica Vera New York Daily News, July 15, 2002 Photographer Barbara Nitke is used to being behind the lens, but if legal matters heat up, she may soon find the government focusing on her. Nitke is ready to step into the foreground as the chief plantiff in Barbara Nitke and the National Coalition for Sexual Freedom…

Nerve December 11, 2001 Photographer Barbara Nitke and the National Coalition for Sexual Freedom (NCSF) filed a lawsuit today, claiming the Internet censorship provision of the Communications Decency Act (CDA) violates the First Amendment right to free speech. The provision stipulates that "local community standards" will judge whether or not something is indecent. Yet attorney John Wirenius argues that "By allowing the most restrictive jurisdiction to define what speech can…

Lawsuit targets last scraps of Net-obscenity law By Sam Costello (IDG News) CNN, December 20, 2001 The National Coalition for Sexual Freedom (NCSF) and artist Barbara Nitke have filed a lawsuit challenging the remaining provisions of the Communications Decency Act, much of which was struck down by the U.S. Supreme Court in 1997. The act, or CDA, was passed in 1996 and was the first U.S. law designed to allow…

NCSF Tackles "Community Standards" For The Web By Mark Kernes Adult Video News, February Issue Washington, DC The National Coalition for Sexual Freedom may not be a household name, even in the adult entertainment industry, but if their recently-filed lawsuit succeeds, they may go down in history as the first group to secure Americans' core constitutional speech rights. NCSF is based in the nation's capital [~] in fact, only a…

Love or Obscenity? S/M Photographer Challenges Internet Decency Standards By Dean Schabner ABCnews.com, July 29, 2002 When Barbara Nitke wanted to put her photographs of loving couples on the Internet, she thought she should check into the laws first. That's because Nitke's recent photographs have been focused on how some couples express their love through sado-masochism. What Nitke found after reading up on Internet law and talking to lawyers was…